Freedom

of
Expression
John Pros B. Valencia, RL., MLIS
Instructor
At the end of this presentation, students
should be able to:

Explain and discuss the freedom of

expression.
Learn the important freedom of
expression issues relate to the use of
information technology.
First Amendment Rights
The First Amendment protects
Americans’ rights to freedom of
religion and freedom of expression.
The Supreme Court has ruled that the
First Amendment also protects the
right to speak anonymously.
The First Amendment reads as
follows:
“Congress shall make no law
respecting an establishment of
religion, or prohibiting the free
exercise thereof; or abridging the
freedom of speech, or of the press;
or the right of the people peaceably
to assemble, and to petition the
government for a redress of
grievances.”
Two types of speech
1. Obscene Speech
- Miller v. California is the 1973
Supreme Court case that established a
test to determine if material is obscene
and therefore not protected by the First
Amendment.
2. Defamation
- The right to freedom of expression is
restricted when the expressions,
whether spoken or written, are untrue
and cause harm to another person.
Freedom of Expression:
Key Issues
1. Controlling Access to
Information on the Internet
 Communications Decency Act (CDA)
 Which is aimed at protecting children from online
pornography.
 Child Online Protection Act (COPA)
 Which prohibits making harmful material
available to minors via the Internet. Both laws were
ultimately ruled unconstitutional. However,
Section 230 of the Communications Decency Act
was not ruled unconstitutional and provides
immunity to ISPs that publish user-generated
content, as long as they do not also serve as a
content provider.
 Internet Filtering
 Software manufacturers have
developed Internet filters, which are
designed to block access to
objectionable material through a
combination of URL, keyword, and
dynamic content filtering.
 Children’s Internet Protection Act (CIPA)
 The act requires federally financed
schools and libraries to use filters to
block computer access to any material
considered harmful to minors.
 Internet Censorship
 Is the control or suppression of the
publishing or accessing of information on
the Internet. There are many forms of
Internet censorship. Many countries
practice some form on Internet
censorship.
2. Strategic Lawsuit Against
Public Participation (SLAPP)
Is a strategy of filing a lawsuit against
citizens and community groups who
oppose them on matters of concern.
Anti-SLAPP laws are designed to
reduce frivolous SLAPPs. Twenty-six
states and the District of Columbia
have put into effect anti-SLAPP
legislature to protect people who are
victims of a SLAPP.
3. Anonymity on the Internet
• Anonymous expression is the expression
of opinions by people who do not reveal their
identity. The freedom to express an opinion
without fear of reprisal is an important right
of a democratic society.
• Maintaining anonymity on the Internet is
important to some computer users. Such
users sometimes use an anonymous remailer
service, which strips the originating header
and/or IP address from the message and
then forwards the message to its intended
recipient.
 Doxing involves the examination of Internet
records in an attempt to reveal the identity of
an anonymous poster.
 John Doe Lawsuits

◦ Organizations may file a John Doe lawsuit to

enable them to gain subpoena power in an
effort to learn the identity of anonymous
Internet users who have caused some form of
harm through their postings.
◦ This approach is also frequently employed in
copyright infringement lawsuits where
unknown parties have downloaded movies or
music from the Internet.
4. Hate Speech
• Some ISPs have voluntarily agreed to
prohibit their subscribers from sending
hate messages using their services.
Because such prohibitions can be
included in the service contracts
between a private ISP and its
subscribers, and do not involve the
federal government, they do not violate
subscribers’ First Amendment rights.
5. Pornography
• Many adults and free-speech advocates
believe there is nothing illegal or wrong about
purchasing adult pornographic material made
by and for consenting adults. However,
organizations must be very careful when
dealing with pornography in the workplace.
As long as companies can show that they were
taking reasonable steps to prevent
pornography, they have a valid defense if they
are subject to a sexual harassment lawsuit.
Reasonable steps include establishing a
computer usage policy that prohibits access
to pornography sites, identifying those who
violate the policy, and taking action against
those users—regardless of how
embarrassing it is for the users or how
harmful it might be for the company.
Sexting
 sending sexual messages, nude or
seminude photos, or sexually explicit
videos over a cell phone—is a fast-
growing trend and can lead to many
problems for both senders and receivers.
• The Controlling the Assault of Non-
Solicited Pornography and Marketing
(CAN-SPAM) Act specifies requirements
that commercial emailers must follow in
sending out messages that advertise a
commercial product or service. The CAN-
SPAM Act can also be used in the fight
against the dissemination of pornography.
Reference
Reynolds,G. W. (2015). Ethics in
Information Technology. 5th. Ed.
Australia : Cengage Learning.